The [...]]]> The Department of Homeland Security has announced the ability to curious individuals to self-check whether they have work authorization in the United States.  The self-check is available at the USCIS website.  Currently it is only available in a few states, including Virginia, Arizona, the District of Columbia, Colorado and Idaho.

The usefulness of the check is somewhat doubtful – at least to this immigration attorney – if someone has so much doubt about their employment eligibility, they should not rely on the self-check.  E-verify has had countless false positives where the system believed a work authorized person was not.  If you have difficulties with the self-check, or have been denied employment because of what you believe is a faulty e-verify record, please contact this New York City Immigration Lawyer.

The e-verify system is a volunteer system that allows employers to verify a new employee’s [...]]]> The USCIS will soon offer an E-verify program that will allow individuals to self-check their work authorization status.  The service will allow an individual to self-input information about themselves to determine whether there are any mistakes in a person’s record.

The e-verify system is a volunteer system that allows employers to verify a new employee’s work authorization.  However, the system has been plagued by many false positives which have caused needless delays and aggravation for employees (including U.S. citizens) who are eligible to work, but must “clear their name” by removing false information.  Additionally, E-verify has given rise to many discrimination lawsuits because employers often do not appropriately use e-verify.

The USCIS is set to have the E-verify self-check system go live on March 18, 2011.

The case involves Arizona’s Legal Arizona Workers Act,  which prohibits employers from knowingly or intentionally employing [...]]]> The US Supreme Court recently announced that it will hear arguments in Chicanos Por La Causa, Inc. v. Napolitano, 558 F.3d 856 (9th Cir. 2009), cert. granted sub nom. Chamber of Commerce v. Candelaria, (June 28, 2009) (No. 09-115).

The case involves Arizona’s Legal Arizona Workers Act,  which prohibits employers from knowingly or intentionally employing an unauthorized workers.  At issue in the case is whether the state statute is preempted by federal immigration laws. The lower courts upheld the statute, finding that it was not preempted by federal law.

The Court granted cert on the following issues:

1. Whether an Arizona statute that imposes sanctions on employers who hire unauthorized aliens is invalid under a federal statute that expressly “preempt[s] any State or local law imposing civil or criminal sanctions (other than through licensing and similar laws) upon those who employ, or recruit or refer for a fee for employment, unauthorized aliens.” 8 U.S.C. § 1324a(h)(2).
2. Whether the Arizona statute, which requires all employers to participate in a federal electronic employment verification system, is preempted by a federal law that specifically makes that system voluntary. 8 U.S.C. § 1324a note.
3. Whether the Arizona statute is impliedly preempted because it undermines the “comprehensive scheme” that Congress created to regulate the employment of aliens. Hoffman Plastic Compounds, Inc. v. NLRB, 535 U.S. 137, 147 (2002).

The outcome of this case may significantly alter the landscape of immigration law and how foreign nationals are treated in the United States.

The Federal Government agreed to stop its immigration inquiry into Pilgrim’s Pride Corporation after the company agreed to pay the government $4.5 million dollars over three years and to use more stringent hiring standards. The corporation, a chicken processor, has admitted no criminal or civil wrongdoing.   However, the business is just now [...]]]>

by Svilen.milev

The Federal Government agreed to stop its immigration inquiry into Pilgrim’s Pride Corporation after the company agreed to pay the government $4.5 million dollars over three years and to use more stringent hiring standards. The corporation, a chicken processor, has admitted no criminal or civil wrongdoing.   However, the business is just now emerging from bankruptcy and the payment will be weighing down the corporation’s profits until itis paid off.

For more information, please visit [...]]]> Federal Contractors and sub-contractors are reminded that today, September 8, 2009, is the deadline that the Immigration Service has set for requiring participation in the E-verify program.  The E-verify program allows for employers to check the work authorization status of new hires to ensure that no unauthorized individuals are employed.

For more information, please visit the USCIS website or contact Gafner Law Firm.